Transitioning from the Indian Act to the Rights Framework

Transitioning from the Indian Act to the Rights Framework THE TRANSITION DEPICTED HERE illustrates the process by which historic treaty and Indian Act bands will be ushered through the Rights Framework and towards post Indian Act self-government. It begins even before legislation is introduced with capacity building, aggregation, and fiscal relations reform. As First Nations begin “qualifying” for self-government the Rights Framework legislation is expected to formally recognize these re-constituted nations outside of the Indian Act but with limited authority over service delivery, limited jurisdiction over traditional territories and title lands, and the expectation of fewer federal obligations over time. According to Prime Minister Trudeau, the Rights Framework will be introduced sometime in 2018 and implemented by Fall 2019. Historic Treaty & Indigenous Rights and Recognition Framework Indian Act Bands The Indigenous Rights and Transitional Processes Result: “Reconstituted Nations” Recognition Framework will A number of new processes have been introduced While there are some positive elements in transition Indian Act bands into to support this transition of Indian Act bands into what we know about the Framework, there are a self-government process. self-government frameworks. These include: significant limitations: Rights legislation — Rights and Recognition Tables expected in 2018 — Reserve based self-governments — ”Re-constituted nations” — Aggregated regional service delivery — Comprehensive Community Plans — Limited federal financial obligations — New Fiscal Relationship — Restricted access to traditional territories (Financial Capacity Building) — Truncated jurisdiction Indian Act Self-Determination As defined by the Federal Government This information is taken from Part Two of the report, Canada’s Emerging Indigenous Rights Framework: A Critical Analysis, by the Yellowhead Institute. .

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Aboriginal Two-Spirit and LGBTQ Mobility
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